Posts by Ben Thomson
Superannuation and Your Estate
For most, superannuation is one of their largest assets. A person’s superannuation account usually comprises of their member (employment/sacrificed) contributions and policy benefits (such as death benefits). However, what most people do not realise is that death benefits and superannuation accounts may not form part of a deceased’s estate. Therefore, that money may not be…
Read MoreClaiming Against a Deceased Estate
Under the Australian legal system, people are free to decide how they wish to distribute their assets upon their death. Such decisions should always be confirmed within a Will. Where a person has not made a Will during their lifetime then, upon their death, the distribution of their assets will be determined by the laws…
Read MoreHow To Contest a Grant of Probate?
I do not believe the Will is valid. How may I stop Probate? In probate proceedings, you may be able to file a caveat on probate, administration or resealing at the Supreme Court of Western Australia (the “Court”). Once a caveat on probate, administration or resealing is successfully filed, the caveat will prevent an intending…
Read MoreWhen to Fight a Traffic Offence in Court: Legal Process For Driving Offences
While not every traffic offence requires the recipient to go to court, if a charge is brought against you and you are convicted at trial after entering a plea of guilty or after being found guilty, the penalties can be severe. It’s important that you make it a priority to speak to a local team…
Read MoreHow a Child’s Wishes Are Weighed Against the Child’s Best Interests in Parenting Orders
The one question all parents ask themselves when separating or going through a divorce is, ‘Who will my child (or children) end up living with?’ It’s a complex issue that can require a ruling from the Family Court in the form of parenting orders. The Court’s main responsibility when issuing such an order is to…
Read MoreNotarial Services: When To Engage a Notary Public
A notary public, also known as a public notary or simply, a notary, is often a practising solicitor appointed by a State or Territory Supreme Court and given statutory powers. Their role is to perform a wide range of administrative functions, including preparing, witnessing, administering, certifying or notarising originals and copies of legal documents for…
Read More5 Important Points Every Partnership Agreement Should Cover
Businesses today face many internal and external challenges; some real, some manufactured, and others simply perceived. Solving them requires both planning and action. All decisions, whether passive or active, involve a degree of risk – from those that relate to how a business will be run on a day-to-day basis right through to those that…
Read MoreMaking Arrangements for the Sale of a Business
Selling a business of any size or structure is a complex and time-intensive process that should be well documented to ensure the interests of both the seller and buyer are protected. A Sale of Business Agreement or Business Sale Agreement is central to establishing the terms of sale for the mutual benefit of the parties…
Read MoreThe Ins and Outs of Discretionary Trusts
A trust is a legal relationship in which a person or corporate entity (the trustee) holds assets on behalf of and for the benefit of one or more third parties (the beneficiaries). The trustee is the owner of the trust property — not the beneficial owner — and can be a person, legal, or corporate…
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